‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’
Law Society's Gazette, 4th December 2017
Source: www.lawgazette.co.uk
‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’
UK Constitutional Law Association, 27th November 2017
Source: ukconstitutionallaw.org
‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’
Local Government Lawyer, 24th November 2017
Source: www.localgovernmentlawyer.co.uk
‘It is often the case that, when parties negotiate the parties’ rights to terminate a contract on particular terms, one party will often wish to have an opportunity to rectify any potential termination default that they have committed, whereas the other will wish to retain the discretion to determine when a contract will come to an end in the event of a termination event. The issue in the case was essentially about contractual interpretation, and a conflict within a termination clause which meant either the main contractor was entitled to serve a termination notice immediately on its subcontractor, or that there was a requirement that the main contractor provide an opportunity to the subcontractor to remedy the default before serving a termination notice.’
Hardwicke Chambers, 16th November 2017
Source: www.hardwicke.co.uk
‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’
Falcon Chambers, November 2017
Source: www.falcon-chambers.com
‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’
Oxford Human Rights Hub, 21st November 2017
Source: ohrh.law.ox.ac.uk
‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’
Jurisdiction and Conflict of Laws, 10th November 2017
Source: jurisdictionandconflicts.net
‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’
Practical Law: Construction Blog, 15th November 2017
‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’
Law Society's Gazette, 7th November 2017
Source: www.lawgazette.co.uk
‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’
Nearly Legal, 29th October 2017
Source: nearlylegal.co.uk
‘The amount of tax the UK’s HM Revenue & Customs (HMRC) thinks is being underpaid due to ‘legal interpretation’ has increased by 9% over the last year to £6bn, up from £5.5bn in 2014/15 according to ‘tax gap’ figures released by the tax authority.’
OUT-LAW.com, 27th October 2017
Source: www.out-law.com
‘The High Court held that the most natural reading of a deed granting a right of way “over the track or way” was to limit the right of way to the track that was actually in use at the time of the grant in 1979. The claim concerned the existence, location and in particular, the width of a right of way. The Claimant sought injunctions and damages for interference.’
Tanfield Chambers, 12th October 2017
Source: www.tanfieldchambers.co.uk
‘Having previously blogged on this case (see here for that blog on Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch)), Jacques Algazy QC and Nathaniel Caiden consider the repercussions of the Court of Appeal judgment in Tillman v Egon Zehnder Ltd [2017] EWCA Civ 1054.’
Cloisters, 12th October 2017
Source: www.cloisters.com
‘Will the UK need to keep an eye on ECJ rulings after withdrawal? Rhodri Thompson QC examines the practical and political difficulties.’
Counsel, October 2017
Source: www.counselmagazine.co.uk
‘Last week, the Home Office lost a case over its controversial definition of “torture,” which the High Court ruled was unlawful.’
RightsInfo, 16th October 2017
Source: rightsinfo.org
‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’
NIPC Law, 13th October 2017
Source: nipclaw.blogspot.co.uk
‘On 6 August 2017, in advance of proposed legislation, the UK government published 8 ‘Key Principles’ regarding the cyber security of connected and autonomous vehicles. This is the last of a series of 4 blogs regarding those principles.’
Technology Law Update, 30th August 2017
Source: www.technology-law-blog.co.uk
‘In an important decision on the correct interpretation of the burden of proof provisions in the Equality Act 2010, Efobi v Royal Mail, Tom Coghlin and Navid Pourghazi successfully appealed against an employment tribunal’s decision to dismiss a claimant’s race discrimination complaints.’
Cloisters, 14th August 2017
Source: www.cloisters.com
‘Theresa May’s Brexit strategy has been thrown into new doubt as a former head of the government’s legal services ridicules the prime minister’s claim that the UK can break free of all European laws while continuing to reap the economic benefits of the EU’s single market.’
The Guardian, 19th August 2017
Source: www.theguardian.com
‘Britain could be subject to rulings by the European Court of Justice for years after the UK leaves the European Union, it has emerged.’
Daily Telegraph, 20th August 2017
Source: www.telegraph.co.uk
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